State: Bills threaten condo boards' sway: legislation in the works would change the way associations alter the existing rights of condo owners
"Florida lawmakers are considering changing state law to give Florida's 1.1-million condo owners a way to challenge rules about pets, rental rights or parking spaces. Two bills working their way through the Legislature would require condo boards to hold a public hearing on altering rights owners had when they moved in, such as renting their condo seasonally. Owners also could demand a poll of everyone; a right could not be changed unless a majority agreed. Sellers would be required to provide potential buyers a simplified disclosure form detailing the financial health of the condominium association, including liabilities, such as lawsuits or future assessments.To avoid lawsuits, the legislation would create a state ombudsman's office that could mitigate complaints between condo owners and their association boards, an idea that has drawn criticism from one of the state's leading condominium lawyers. A $4 annual state fee that condo owners already pay for regulatory oversight would fund the office. Much of that money now funds general state government. House sponsor Julio Robaina, R-Miami, also wants to create a state advisory council to propose future changes to state law or the ombudsman office."

The industry is not happy with this proposed legislation. To wit: "Meanwhile Gary Poliakoff of Fort Lauderdale, whose law firm, Becker & Poliakoff, represents more than 4,000 condo associations in the state, led the opposition. "Those bills deserved to be drowned," Poliakoff said last week. In early March, Poliakoff wrote his clients: "During the 31-plus years I have been an advocate for the rights of condominium owners ... I have never seen proposed legislation which is more destructive."